IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.4237 OF 2017 (CPC) BETWEEN:
Sri. A.Sharath Chandra Prasad Aged 57 years S/o Sri Anand Rao Residing at No. 908 Brigade Gateway Dr. Rajkumar Road Malleshwaram West Bengaluru. …Appellant (By Sri. C Raghunatha , Advocate) AND:
Kumari G Uma Bai Aged 83 years D/o Late Gurunath Joshi (Dead) 1. Smt. Vijaya K W/o Late Kailasnath Aged 59 years Residing at No.31 1st Cross, RMS Colony Sanjay Nagar Bengaluru – 560094.
2. Sri K. Arun Kumar S/o late Sri A.R. Krishna Murthy Aged 45 years Residing at No.17 Canara Bank Colony Jayanagar 3rd Block (E) Bengaluru – 560 011.
3. Sri N Giridar S/o Sri A.R. Nanda Kumar Aged 43 years Residing at No.180Y 12th Main road, 3rd Block Rajajinagar, Bengaluru.
4. Sri Prakash Reddy Aged 50 years S/o Narayanana Reddy Residing at No. 179 Ideal Homes 1st Phase Rajarajeshwari Nagar Bengaluru - 560098. …Respondents (Notice to R-1 toR-3) ***** This Miscellaneous First Appeal is filed under Order 43 rule 1(r) of CPC 1908, against the order dated 06.03.2017 passed on I.A.No.6 in O.S.No.6427/2014 on the file of the XVII Additional City Civil and Sessions Judge, Bengaluru, dismissing the I.A.No.6 filed under Order 39 Rule 1 and 2 of CPC.
This appeal coming on for orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant and respondents are absent. No representation.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD